Unlawfully Possessing Or Selling Noxious Material: NY Penal Law § 270.05

by ECL Writer
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The possession of things and substances that could endanger the public is prohibited under a number of laws that New York has passed in an effort to ensure public safety. Noxious material is one category of forbidden substances. According to New York Penal Code 270.05, you will be charged with unlawfully possessing or selling noxious material if you have noxious material on your person with the intent to use it to cause bodily harm or annoyance to another person, damage the property of another, or disturb the peace in the community.

The term “noxious material” refers to any container containing any medicine or other substance that can produce obnoxious, noxious, or suffocating fumes, gases, or vapors or that can immobilize a person. According to the law, if you are found in possession of noxious substance, the prosecution does not have to show that your intention was to do harm or irritate someone. An indication of such intent is presumed to exist in the presence of toxic material.

Unlawfully Possessing Or Selling Noxious Material Sentence

If found guilty of noxious material possession or sale, which is a class B misdemeanor, you might spend up to three months in jail and face a fine of up to $500. Additionally, the court can decide to sentence you to a year of probation rather than jail time.

Defenses

The prosecutor must establish that the object you were accused of selling or unlawfully having actually was poisonous before you can be found guilty. Although the law does not name specific substances as noxious, it defines a noxious substance as one that can immobilize a person or produce irritating, noxious, or suffocating fumes, gases, or vapors. However, you would not have committed the crime of unlawfully possessing or selling noxious material if you could prove that the substance at issue in your situation does not meet the criteria of noxious. Additionally, if the substance is a self-defense spray, you would not have broken the law by selling or possessing it illegally.

A self-defense spray is defined by New York Penal Code 265.20 as a pocket-sized spray weapon with a material intended to cause momentary physical discomfort. Self-defense sprays include tear gas and pepper spray. However, if you illegally possess or sell toxic substances, you risk being charged with a crime. This includes selling self-defense spray.

New York Penal Code § 270.05: Unlawfully Possessing Or Selling Noxious Material

  • In this section, the term “noxious material” refers to any container holding a drug or other substance that can produce offensive, harmful, suffocating fumes, gases, or vapors, or that can immobilize a person.
  • A person commits the offense of unlawfully possessing noxious material when they have such material with the intention to use it to cause physical harm to someone, annoy another person, damage someone else’s property, or disturb public peace.
  • The possession of noxious material serves as presumptive evidence of intent to use it in violation of this section.
  • Bank security devices are not prohibited under this section. Banks, national banking associations, trust companies, savings banks, savings and loan associations, industrial banks, or credit unions are allowed to store, possess, transport, use, or deploy bank security devices as described in subdivision one of § 270.00 of this chapter. Similarly, manufacturers, wholesalers, dealers, jobbers, or common carriers are not prohibited from manufacturing, storing, possessing, transporting, or selling such devices to the aforementioned financial institutions.
  • Self-defense spray devices are also not prohibited, even though subdivisions two and three of this section contain restrictions. Individuals aged eighteen years or older are allowed to possess a self-defense spray device as defined in paragraph fourteen of subdivision a of § 265.20 of this chapter, as long as they comply with the provisions outlined therein.
  • Unlawfully selling noxious material occurs when someone sells a self-defense spray device as defined in paragraph fourteen of subdivision a of § 265.20 of this chapter without authorization in accordance with the provisions of paragraph fifteen of subdivision a of § 265.20 of this chapter.

Related Offenses

Hiring A New York Lawyer For Unlawfully Possessing Or Selling Noxious Material Case

Hiring a New York lawyer for an unlawfully possessing or selling noxious material case is crucial. These cases involve serious legal consequences and complex regulations. A skilled attorney with expertise in New York’s criminal law can provide invaluable guidance. They’ll assess the evidence, build a strong defense, and navigate the intricate legal landscape. Whether you’re facing charges for possession or sales, a competent attorney can protect your rights, challenge evidence, and explore potential mitigating factors. Their knowledge of New York’s specific laws and court procedures can be the difference between a favorable outcome and severe penalties, making legal representation indispensable in these cases.

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